Troy could face lawsuit over election law drama

With the recent recall of controversial Troy mayor Janice Daniels, opinions in the city are split as to when the next election to fill a vacant city council seat should be. Some even fear a lawsuit against the city because of differing interpretations of state law and city charter.

Wednesday's special Troy city council meeting was called to further clarify the process by which the city will hold its next election.

The council rejected a motion provided by councilman Wade Fleming to defer to the Michigan Attorney General and act upon his opinion in the matter.

Fleming's motion was based on a Secretary of State recommendation to hold a February special election.

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Lori Bluhm, Troy's city attorney, said that because the candidate filing date would be next week and would violate the city charter, the city would not be holding a February election.

"We reviewed state law and city charter and set forth a process in September for the filling of that vacant (city council) position," said Bluhm.

According to the city's plan -- put forth in September -- a city election is set for November 2013.

The meeting was declared special in part because of a fairly mysterious letter that the city attorney's office received at 4 p.m. Nov. 16.

The letter came from Christopher Thomas, Director of Elections for the Secretary of State's office, and was a recommendation that Troy hold a special election Feb. 26, 2013, to fill the council seat left by Daniels' recall.

"I want to make it clear that this letter does not have the force of law; it is a guidance letter," said Bluhm during the opening of the council meeting.

Troy city clerk Aileen Bittner said that she and the city attorney's office had been researching the city's options and formulating a plan on what could happen in this process since August.

"We regularly consulted with the Oakland County Clerk's office on what to do after a recall," she said. "This plan was developed based on charter and state law."

She said the county had no objections to Troy's plan.

Councilwoman Maureen McGinnis spoke to the board and public listeners during the meeting as well, saying this issue isn't as black and white as a city versus a state.

Bluhm agreed, saying that recall has not happened very frequently in Michigan, and that there was ambiguity. She added that she would willingly work with the state to amend its recall election law.

After more council members were able to voice their opinions and ask questions, Fleming out forth a resolution that he asked be considered among the council.

It read: "Resolve that Troy City Council hereby directs our city attorney to contact the state Attorney General on Monday, Nov. 26, 2012 regarding the Nov. 16, 2012 letter from Christopher M. Thomas and seek the legal opinion of -- and direction from -- the state Attorney General on this matter as soon as possible, which this council would accept as final and binding."

Fleming said that state law dictated that Troy have the election Feb. 26. At the very least, he said, the Attorney General might say the city should hold the election in May.

"Either way, I see an election happening before November," added the councilman. "Time is of the essence."

Fleming said that rather than drag the issue through the courts, he felt the council needed to get a second opinion on the issue.

He cited his disapproval that the city attorney did not speak with Thomas or any other municipal law expert between the time her office received the letter and the special council meeting.

Acting Troy Mayor Dane Slater said he agreed with the city attorney 100 percent that Troy should do everything it needed to in order to not violate its charter, which was more important than state opinion in this case.

"Since we got the letter on Friday afternoon -- which is suspicious in its own right -- we've been on the phone consistently with the city attorney, and we've done our own due diligence here at the table, too," said the Mayor Pro Tem. "I have the utmost confidence in our city attorney and city clerk that they've done their due diligence (as well)."

Supported by councilman Dave Henderson, the motion then went to vote and failed in a 3-3 tie.

During public comment in Troy's council chambers, many concerned citizens questioned the body's decision to quash Fleming's motion.

Some also voiced their interest in finding out how and why the letter made its way to the city's offices last Friday afternoon.

Oakland County Commissioner Robert Gosselin, who attended the meeting, said afterwards that he thinks the city attorney made a mistake.

"Chris Thompson has been the state elections department head for about 30 years in Michigan," said Gosselin.

He added that experts in election law have tipped their hats to Thompson in his writing the letter.

The commissioner said he had no idea how Thompson came to write the letter to Troy's local government body, but he'd like to know.

"I've been talking to the attorney general's office, and they're meeting today on this issue," said Gosselin after the meeting. "They're trying to make sure their ducks are in a row. But they are going to come down on the city of Troy."

He said if the attorney general's office doesn't sue, citizens probably will, on the grounds that the city allegedly violated state law.